le and Fish Laws 
of Alabama 



In Force Augrust 31st 



1909 




^irv^ 



JOHN H. WAL.I.ACE. Jr. 

State Game and Fish Commissioner 

Montg-omery, Alabama 



BROWN PTG. CO. MONTGOMERY, ALA. 



/O- 33000-. 



1909— 



Game and Fish Laws of the 
State of Alabama 



IN FORCE AUGUST 31, 1909 




Issued by the Department of Game and Fish 

JOHN H. WALLACE, Jr. 

State Game and Fish Commissioner 






TTHE Department of Game 
and Fish invokes tlie 
vigilance, and assistance 
of all good citizens in se- 
curing* the enforcement of 
tlie Game and Fish Laws, 

Reports of violations will 
be appreciated, and in no 
instance will the name of 
the informant be disclosed 
without special permis- 
sion. 

D.OFO. 

FEB 5 19ia "'" 



t^ 






CHAPTER 20 

POLITICAL CODE 1907 P. 422. 



Section. 
65C. Department of game and fish estab- 
lished AND commissioner PROVIDED FOR. 

657. Salary and expenses of state commis- 
sioner. 

658. Office of state commissioner. 

659. Bond and oath of state commissioner. 

660. Seal of office. 

661. Itemized statement of receipts and dis- 
bursements filed by commissioner 
monthly. 

662. Accounts; approval and payment of. 

663. Accounts audited. 

665. Biennial report of commissioner to 
governor. 

665. Commissioner; duty to enforce game 
and fish laws. 

666. Blanks and other printed matter. 

667. Publication of game LA^YS. 

668. Commissioner and his deputies may 
serve process. 

669. Commissioner may appoint counts- 
game and fish wardens. 

670. Duties and powers of county wardens. 



Section. 

671. County wardens and deputies subject 
to supervision and removal by state 
commissioner. 

672. Bond of county wardens ; conditions of. 

673. Ex-oFFicio deputy game wardens. 

684. Compensation of wardens under spe- 
cial INSTRUCTIONS. 

675. Forest fires provided against. 

676. Compensation of county wardens. 

677. Certificate to collect .birds, nests, 
EGGS, ets. 

678. License ; contents of. 

680. County license; how obtained. 

681. State license; how obtained. 

682. Non-resident or alien hunter's li- 
cense; HOW PROCURED. 

683. Money received from licenses ; how 

DISPOSED of. 

685. Owners, landlords, and tenants may 
hunt on their own lands without li- 
CENSE. 

686. Licenses printed on distinctive colors. 

687. Licenses delivered to and returned by 
probate judges. 

688. Game and fish protection fund created 

AND disposed OF. 



656. DEPARTMENT OF GAME AND FISH 
ESTABLISHED AND COMMISSIONER PRO- 
VIDED FOR.— The Department of Game and 
Fish of the State of Alabama is established and 
shall be known and termed as such. The pres- 
ent State Game and Fish Commissioner shall 
hold office until his successor is elected and 
qualified. His successor shall be elected by the 
qualified electors of the State at the general 
election in 1908, and ever four years there- 
after, and his term of office shall begin on first 
Monday after second Tuesday in January next 
after his election. 

657. SALARY AND EXPENSES OF STATE 
COMMISSIONER.— The State Game and Fish 
Commissioner shall receive a salary of twenty- 
five hundred dollars per annum, payable month- 
ly out of the game and nsh protection fund in 
the same manner as other State officers are 
paid, but the said State Game and Fish Com- 
missioner shall not be allowed any reimburse- 
ments for his expenses in travelling over the 
State in the discharge of the duties of his of- 
fice. 

658. OFFICE OF STATE COMMISSION- 
ER. — The State Game and Fish Commissioner 
shall be provided with a suitable office in the 
State capitol and, upon the approval of the 
governor, may employ a clerk when necessary. 

659. BOND AND OATH OF STATE COM- 
MISSIONER. — Before entering upon the dis- 
charge of his official duties the State Game and 
Fish Commissioner shall give bond in the sum 
of five thousand dollars to the State of Ala- 
bama, with two or more sureties, to be approved 
by the secretary of State, conditioned that he 
will well and truly account for and apply all 
moneys which may come into his hands in his 
official capacity, and that he will faithfully 
perform the duties enjoined on him by law, 



6 



and he shall also take and subscribe the oath 
or affirmation required by the constitution of 
the State, and be commissioned by the secre- 
tary of State. 

660. SEAL OF OFFICE.— The State Game 
and Fish Commissioner shall keep a seal of 
office, which shall be used to authenticate all 
papers and documents issued and executed by 
him as such officer. 

661. ITEMIZED STATEMENT OF RE- 
CEIPTS AND DISBURSEMENTS FILED BY 
COMMISSIONER MONTHLY.— At the end of 
each calendar month said Game and Fish Com- 
missioner shall file with the governor an item- 
ized statement under oath of all sums of money 
received or expended by him in the discharge 
of his official duty, including clerical services, 
salaries, and expenses while traveling under 
special order as hereinafter provided, postage, 
stationery, and other necessary incidental ex- 
penses; such clerk shall receive two dollars per 
day while engaged in such service. 

662. ACCOUNTS; APPROVAL AND PAY- 
MENT OF. — Upon the approval of such ac- 
counts by the governor, the auditor shall draw 
his warrant for such amount, which shall be 
paid monthly out of the game and fish protec- 
tion fund. 

663. ACCOUNTS AUDITED.— The office 
and accounts of the State Game and Fish Com- 
missioner shall be audited by the direction of 
the governor in the same manner as the office 
and account of other State officers are audited. 

664. BIENNIAL REPORT OF COMMIS- 
SIONER TO GOVERNOR.— In the month of Oc- 
tober, in the year 1908, and every two years 
thereafter, the State Game and Fish Commis- 
sioner shall make a report to the governor 
showing the official business transacted by him. 



Such report shall show the number of hunters' 
licenses issued, together with all fees collected. 
It shall show what moneys have been receivea 
by the game and fish department from fees and 
other sources. It shall show the number of 
wardens employed under special instructions, 
and shall give all necessary information con- 
cerning the affairs of the department of game 
and fish. Such report to be published in 
pamphlet form. 

665. COMMISSIONER; DUTY TO EN- 
FORCE GAME AND FISH LAWS.— The State 
Game and Fish Commissioner shall enforce all 
laws now enacted or that may be enacted for 
the protection, propagation, and preservation of 
game animals, birds, and fish in this State, and 
shall prosecute all persons who violate such 
law ; and he shall at any and all times seize 
any and all birds, animals, and fish that have 
been caught or killed at a time, in a manner, 
or for a purpose, or in possession, or which 
have been shipped, contrary to the game laws 
of this State. 

666. BLANKS AND OTHER PRINTED 
MATTER PROVIDED.— The blanks and other 
printed matter necessary to carry out the pre- 
visions of the game laws, upon the approval of 
the governor, shall be printed under the direc- 
tion of the State Game and Fish Commissioner, 
and shall be paid for in like manner and upon 
the same terms as other public printing. This 
expense shall be chargeable to the first money 
covered into the game and fish protection fund. 

667. PUBLICATION OF GAME LAWS.— 
The State Game and Fish Commissioner, by 
and with the consent of the governor, shall pub- 
lish in pamphlet form for general distribution 
the laws relating to game, birds, and fish. 

668. COMMISSIONER AND HIS DEPU- 
TIES MAY SERVE PROCESS.— The State 



8 



Game and Fish Commissioner and his deputies 
may serve criminal process as sheriffs and con- 
stables. 

669. COMMISSIONER MAY APPOINT 
COUNTY GAME AND FISH WARDENS.— 
The State Game and Fish Commissioner shall 
appoint, by and with the consent and approval 
of the governor, game and fish wardens in each 
county in this State, and such persons so ap- 
pointed shall be known as county game and fish 
wardens, and shall hold office for the term of 
the State Game and Fish Commissioner appoint- 
ing them, and till their successors are duly ap- 
pointed. 

670. DUTIES AND POWERS OF COUNTY 
WARDENS. — The county wardens shall assist 
the State Game and Fish Commissioner in the 
discharge of his official duties, and said war- 
den shall have like power and authority as is 
provided in this chapter for the State Game and 
Fish Commissioner relative to the enforcement 
of this law. 

671. COUNTY WARDENS AND DEPUTIES 
SUBJECT TO SUPERVISION AND REMOV- 
AL BY STATE COMMISSIONER.— Said depu- 
ties and wardens shall be subject to the super- 
vision and direction of the State Game and Fish 
Commissioner, and subject to removal for cause 
by him. 

672. BOND OF COUNTY WARDENS ; CON- 
DITIONS OF.— Before entering upon the dis- 
charge of their official duties each county game 
and fish w^arden shall give bond in the sum of 
five hundred dollars, payable to the State of 
Alabama, with two or more sureties, to be ap- 
proved by the secretary of State, conditioned 
that he will sell and truly account for and le- 
gally apply all money which may come into his 
hands in his official capacity, and that he will 
faithfully perform all the duties enjoined upon 
him by law. 



673. EX OFFICIO DEPUTY GAME WAR 
DENS. — All sheriffs, deputy sheriffs, marshals, 
constables, aud policemen, or other peace of 
ficers of this State, are ex officio deputy game 
and fish wardens. 

074. COMPENSATION OF WARDENS UN- 
DER SPECIAL INSTRUCTIONS.— Game and 
fish wardens acting under special instructions 
shall receive three dollars per day for their 
services. 

075. FOREST FII^ES PROVIDED AGAINST. 

— The game and fish wardens shall, while in 
and about the woods, caution all sportsmen of 
the danger from fires and extinguish all fires 
left burning by any one if within their power, 
and shall give notice to any and all persons 
interested, when possible, of fires raging beyond 
their control, to the end that the same may be 
^extinguished. 

076. COMPENSATION OF COUNTY WAR- 
DENS. — Each county game and fish warden 
shall receive one-half of all fines, forfeitures, 
and penalties collected in the county in which 
he holds office for violations of the game and 
fish laws. And such moneys shall be so paid by 
the courts collecting the same, and the re- 
mainder shall be forwarded to the State treas- 
urer and covered into the game and fish pro- 
tection fund. 

067.** CERTIFICATE TO COLLECT BIRDS. 
NESTS, EGGS, ETC.— Certificates may be 
granted by the State Game and Fish Commis- 
sioner, upon the payment of one dollar to defray 
the necessary expenses attending the granting 
of such certificates, to any properly accreditea 
person, permitting the holder thereof to collect 
birds, their nests or eggs, for strictly scientific 
purposes only. In order to obtain such certifi- 
cates the applicant for the same must present 
to the State Game and Fish Commissioner writ 



10 



ten testimonials from two well known ornithol- 
ogists, one of whom shall be a resident of this 
State, certifying to the good character and fit- 
ness of said applicant to be entrusted with snch 
privileges. Such certificate shall expire on the 
31st day of December of the year in which it 
is issued. 

678. PERMITS TO CAPTURE GAME; 
WHEN ISSUED!.— The State Game and Fish 
Commissioner, upon the payment of one dollar, 
may issue permits to any person to take, cap- 
ture, or transport not more than ten pairs of 
any one species of game, birds, or fish within or 
without this State, when satisfied that such per- 
son applying for said permit desires the same 
exclusively for scientific or propagating pur- 
poses. 

679. LICENSE; CONTENTS OF.— All li- 
censes shall be dated when issued, and shall au- 
thorize the person named therein to hunt dur- 
ing the calendar year, and then only within the 
regulations and restrictions provided by law. 
All hunting licenses shall be numbered consec- 
utively at the time they are printed, and resi- 
dent and non-resident blanks shall be furnished 
by the State Game and Fish Commissioner to 
the probate judges of the various counties. 

680. COUNTY LICENSE; HOW OBTAIN- 
ED. — Any person who has been a bona fide resi- 
dent of this State for one year then past may 
procure a county hunter's license for himself 
or herself by filing his or her affidavit with the 
probate judge in the county in which he or she 
resides, stating his or her age, place of resi- 
dence, postoffice address, color, color of his or 
her hair and eyes, and the fact whether he or 
she can write his or her name, and by paying 
the said judge of probate the sum of one dol- 
lar. 



11 



681. STATE LICENSE; HOW OBTAINED. 

— Any person who has been a bona fide resident 
of the State one year then past may procure 
a State hunter's license for himself or herself 
by filing with the probate judge of the county 
to whom he applies for license the affidavit 
provided by the preceding section, and by pay- 
ing to the said probate judge the sum of three 
dollars, which shall entitle him or her to a 
State hunter's license and shall authorize him 
or her to hunt in any county in this State. 

682. NON-RESIDENT OR ALIEN HUNT- 
ER'S LICENSE; HOW PROCURED.— Any 

non-resident or alien of this State may procure 
a license for hunting by filing his or her affi- 
davit with the probate judge of any county in 
this State, stating his or her age, place of resi- 
dence, postoffice address, color, color of his or 
her eyes and hair, and the fact whether he or 
she can or cannot write his or her name, and 
by paying the said probate judge the sum of 
fifteen dollars. 

683. PROBATE JUDGES ISSUE HUNTING 
LICENSES.— The probate judge shall issue all 
hunting licenses, resident and non-resident, un- 
der the seal of his office to all persons comply- 
ing with the provisions of this chapter, and 
shall sign the same and shall require the person 
to whom the license is issued to sign his or her 
name on the margin thereof. He shall keep a 
correct and complete record of all licenses is- 
sued in a book to be furnished by the State 
Game and Fish Commissioner, which record 
shall remain in his office and be open to the in- 
spection of the public at all reasonable times. 

684. MONEY RECEIVED FROM LICEN- 
SES; HOW DISPOSED OF.— Probate judges 
shall retain of the money received of each li- 
cense issued the sum of fifteen cents, which 
shall cover the swearing of the applicant to the 



12 



affidavit referred to iu this chapter and all 
other services under this chapter, and shall pay 
the balance to the State treasurer on the first 
day of each month, which amount shall be cov- 
ered into the game and fish protection fund, and 
said probate judges shall report to the State 
Game and Fish Commissioner on the first day 
of each month the number of licenses issued 
and the amount of money remitted to the State 
treasurer. 

685. OWNERS, LANDLORDS, AND TEN- 
ANTS MAY HUNT ON THEIR OWN LANDS 
WITHOUT LICENSE.— All owners and land- 
lords and members of their families may hunt 
upon their own lands without license; and ten- 
ants and members of their families may hunt 
upon their leaseholds without license. 

686. LICENSES PRINTED ON DISTICT- 
IVE COLORS. — The license for residents and 
non-residents shall be printed on distinctive col- 
ors. 

687. LICENSES DELIVERED TO AND RE- 
TURNED BY PROBATE JUDGES.— The State 
Game and Fish Commissioner shall deliver to 
each judge of probate in this State ten days be- 
fore the 1st day of January in each year as 
many licenses as may be required, and shall 
charge said probate judge with the number is- 
sued to him. On the 15th day of December in 
each year, and within ten days thereafter, each 
probate judge shall return to the State Game 
and Fish Commissioner all unused licenses and 
stubs of the licenses issued. 

688. GAME AND FISH PROTECTION 
FUND CREATED AND DISPOSED OF.— All 

moneys sent to the State treasurer in payment 
of hunting licenses, fines, penalties, and forfei- 
tures arising from the game laws of this State 
shall be set aside by the State treasurer and 
shall constitute a fund known as the "game 



1« 



aud tish protection fund," for the payment of 
the salary of the State Game and Fish Commis- 
sioner and his necessary incidental expenses, 
also the payment of the expenses of the game 
and fish warden when acting under special in- 
structions. The expenses incurred for any pur- 
pose or in consequence of this chapter shall be 
limited to the amount of money in the game and 
fish protection fund, and in no event shall the 
State pay any such salaries or expenses ox be 
liable in any manner therefor except to the 
extent of such game and fish protection fund, 
and the State Game and Fish Commissioner 
shall not issue any voucher nor shall the State 
auditor approve any voucher if issued by the 
said State Game and Fish Commissioner for 
any services or expenses of any kind, unless the 
money to pay such voucher shall at the time 
be on hand in the State treasury to the credit 
of the game and fish protection fund. 



14 



CHAPTER 224 

CRIMINAL CODE 1907 P. 564. 



Section. 

6954. Ownership and title to wild birds and 
game vested in state. 

6955. Birds, plumage, skin, eggs, and nests 
protected. 

6956. Game birds denominated and enume- 
rated. 

6957. Birds not protected. 

6958. Open and closed season. 

6959. Pheasants protected. 

6960. Trap, snare, deadfall, baiting, etc., pro- 
hibited. 

6961. Night hunting prohibited. 

6962. Hunting wild hogs. 

6963. Deer protected, open and closed sea- 
sons AS TO. 

6964. Squirrels, open and closed season as to. 

6965. Number of birds or animals authorized 
to be killed in one day. 

6966. Selling game prohibited. 

6967. Hunting without license prohibited, 

6968. False statement as to procuring li- 
cense. 

6969. Shipping or transporting game. 

6970. Common carrier shipping game. 



15 



6971. Hunting on lands of another. 
6972; Corporation, service of warrant of ak 
REST upon. 

6973. Officer failing to perform duty. 

6974. Report of prosecutions. 

6975. Pleading and practice, rules of under 
THIS chapter. 

6976. Costs of prosecution, how taxed. 

6977. Fines, penalties, and forfeitures, dis- 
position of. 

6978. Fines to be paid in currency. 

6979. Judges special charges as to game 

LAWS. 

6980. Terms defined. 

6981. Extent and construction of game laws. 

6982. Local or special laws repealed. 

6954. OWNERSHIP AND TITLE TO WILD 
BIRDS AND GAME VESTED IN STATE.— The 
title and ownership to all wild birds and game 
in the State of Alabama are vested in the State 
for the purpose of regulating the use and dispo- 
sition of the same in accordance with the laws 
of this State. 

Note. — See chapter 20, Political Code, which 
is a part of this law. 

6955. BIRDS, PLUMAGE, SKIN, EGGS, 
AND NESTS PROTECTED; PENALTY FOR 
CATCHING, KILLING, OR TAKING.— Any 
person who shall catch or kill, or have in his 
possession, living or dead, or who shall purchase, 
offer, or expose for sale, transport, or ship with- 
out the State any such wild bird after it has 
been killed or caught ; or who shall sell or have 
in his possession for sale any part of the 
plumage, skin, or body of any bird protected 
by the game laws ; or who shall take or willfully 



in 



destroy the nests of any wild bird, or wlio shall 
have such nests or eggs in his or her possession, 
except as permitted by the game laws of this 
State, shall be guilty of a misdemeanor, and, 
upon conviction, shall be punished by a fine of 
not less than ten nor more than twenty-five dol- 
lars for each offense. 

6956. GAME BIRDS DENOMINATED AND 
ENUMERATED.— The following only shall be 
considered game birds : The Anatidae, common- 
ly known as swans, geese, brant, and river and 
sea ducks ; Rallidae, commonly known as rails, 
coots, mud hens, and gallinules; the Limicolae, 
commonly known as shore birds, plovers, surf 
birds, snipe, woodcock, sandpipers, tattlers, and 
curlews ; the Gallinae, commonly known as wild 
turkeys, grouse, pheasants, and quails; and the 
species of Columbae commonly known as turtle 
or mourning doves. 

6957. BIRDS NOT PROTECTED.— English 
and European house sparrow, coopers hawk, 
chicken hawk, and all members of the hawk 
family, owls, and crows are not protected by 
the game laws of this State. 

6985. OPEN AND CLOSED SEASONS AS 
TO GAME BIRDS.— No person or persons shall 
injure, kill or hunt, or destroy, by any means 
whatever, or have, or be in possession of, except 
as expressly permitted by the provisions of this 
Code, the following named game birds, except 
between the following dates: Wild turkey gob- 
blers, December 1st to April 1st, following ; quail 
(bob-white partridges) from November 1st to 
March 1st, following ; dove from August 1st to 
March 1st, following : swans, geese, brant, ducks, 
rails, coots, mud hens, sandpipers, woodcock, 
and curlews, or other shore bids, September 
1st to March 15th, following; snipe and plover, 
November 1st to May 1st, following. Any per- 
son who violates any of the provisions of this 



section shall be deemed guilty of a misdemean- 
or, and, upon conviction thereof, shall be pun- 
ished by a fine of not less than ten dollars nor 
more than twenty-five dollars for each offense. 

6959. PHEASANTS PROTECTED.— Any per- 
son who takes, captures, or kills, except under 
permit, any ruffled grouse (pheasant), Mongo- 
lian, Chinese, or English pheasant, or other im- 
ported game birds, before December 1st, 1912, 
and thereafter only from November 15th to 
December 15th, following shair be guilty of a 
misdemeanor, and, on conviction, shall be pun- 
ished by a fine of not less than five dollars nor 
more than twenty-five dollars for each offense. 

6960. TRAP, SNARE. DEAD-FALL, BAIT- 
ING, ETC., PROHIBITED.— Any person who 
shall at any time make use of any pitfall, dead- 
fall, scaffold, cage, snare, trap, net, salt-lick, 
blind, pen, baited hook, or baited field, or any 
other similar device, or any drug, poison, chem- 
icals, or explosives for the purpose of injuring, 
capturing, or killing birds or animals protected 
by the game laws of this State, except as oth- 
erwise expressly provided, shall be guilty of a 
misdemeanor, and, on conviction, shall be pun- 
ished by a fine of not less than five nor more 
than twenty-five dollars for each offense. 

6961. NIGHT HUNTING PROHIBITED.— 

Any person who shall pursue, catch, take, or 
kill any birds, deer, wild turkey, wild ducks, 
wild goose, brant or other aquatic bird or fowl, 
between dark and daylight the following day, 
shall be guilty of a misdemeanor, and, on con- 
viction, shall be punished by a fine of not less 
than five nor more than twenty-five dollars for 
each offense. 

6962. HUNTING WILD HOGS.— Any person 
who, without first giving notice to at least 
three freeholders in the neighborhood, hunts, 



18 



catches, or kills wild hogs unmarked, with dog 
or gun, must, on conviction be fined not less than 
ten nor more than one hundred dollars. 

6963. DEER PROTECTED, OPEN AND 
CLOSED SEASON AS TO.— Any person who 
shall kill or attempt to kill any doe or female 
deer or wild turkey hen in this State; or who 
shall kill any deer between January 1st and 
the 1st of November, in each calendar year, or 
who shall use any artificial light in hunting or 
killing deer, shall be guilty of a misdemeanor, 
and. on conviction, shall be punished by a fine 
of not less than ten nor more than fifty dollars; 
and the having of such light on the head or any 
part of his body while hunting shall be prima 
facie evidence of the violation of the last sub- 
division of this section. 

6964. SQUIRRELS, OPEN AND CLOSED 

SEASON AS TO. — Any person who shall pur- 
sue, injure, capture, kill, or destroy any fox 
squirrel, black squirrel, or grey squirrel, ex- 
cept from August 1st to the following January 
1st, in each year, and except May 15th to June 
15th. when they may be killed ; or who shall 
pursue, injure, capture, or destroy any such 
squirrels at any time in any public or private 
park, shall be guilty of a misdemeanor, and, on 
conviction, shall be punished by a fine of not 
less than five nor more than twenty-five dollars ; 
provided, that any person may protect his prem- 
ises from the ravages and depredations of these 
animals at any time and in any way. 

6965. NUMBER OF BIRDS OR ANIMALS 
AUTHORIZED TO BE KILLED IN ONE DAY. 

— Any person who takes or kills more than one 
deer, two turkey gobblers, or twenty-five game 
birds of any other species in one day, or who 
has such birds or game in possession for more 
than five days after the close of the season for 
killing the same, shall be guilty of a misde- 



19 



meanor, and, upon conviction, shall be punish 
ed by a fine of not less than five nor more than 
twenty-five dollars for each offense. 

6966. SELLING GAME PROHIBITED.— 
Any person, firm, or corporation who, at any 
time of the year, shall barter, sell, or offer for 
sale, any of the game birds or animals protect- 
ed by this code, either under the name used in 
this Code, or under any other name or guise 
whatsoever, w^hether lawfully or unlawfully 
taken, shall be guilty of a misdemeanor, and, 
on conviction, shall be fined not less than five 
nor more than twenty-five dollars for each of- 
fense. 

6967. HUNTING WITHOUT LICENSE PRO- 
HIBITED. — Any person who hunts outside of 
the limits of the voting precinct, ward, or beat 
in which he actually resides without first ob- 
taining a license permitting him or her to do so; 
or who hunts outside of the county in which he 
actually resides without obtaining a State li- 
cense permitting him or her to do so ; or any 
non-resident of this State who hunts in this 
State without a non-resident's license; or who 
lends or transfers his hunting license to anoth- 
er, shall be guilty of a misdemeanor, and, upon 
conviction, shall be punished by a fine of not 
less than ten nor more than twenty-five dollars ; 
but any person may hunt upon his own lauds 
in season without obtaining a hunting license. 

6968. FALSE STATEMENT AS TO PRO- 
CURING LICENSE.— Any person w^ho shall 
make to any officer authorized to issue a hunt- 
ing license a false statement, or change or alter 
his or her license in any manner, shall be pun- 
ished by a fine of not less than ten nor more 
than twenty-five dollars. 

6969. SHIPPING .OR TRANSPORTING 
GAME. — Any person who takes, ships, or trans- 
ports out of, or within this State any of the 



20 



birds or game protected by the laws of tnis 
State, unless the same be in personal possession 
of, or carried openly by the owner thereof, or 
person killing the same who has in his posses- 
sion a non-resident's license, if the game is to 
be carried out of this State, or a resident's li- 
cense, if the game is to be transported within 
the State, shall be guilty of a misdemeanor, 
and, on conviction, shall be punished by a fine 
of not less than ten nor more than fifty dollars. 

6970. COMMON CARRIER SHIPPING GAME 

— Any person, company, corporation, or com- 
mon carrier who shall ship or transport any 
birds or game without ascertaining if the person 
offering for shipment or transportation such 
birds or game is in possession of a hunting li- 
cense duly issued to him and covering the pe- 
riod when such shipment is offered, and with- 
out requiring such person to accompany the 
shipment, shall be guilty of a misdemeanor, and, 
upon conviction thereof, shall be punished by a 
fine of not less than fifty nor more than one 
hundred dollars. 

6971. HUNTING ON LANDS OF ANOTHER 
WITHOUT WRITTEN PERMISSION; PENAL- 
TY FOR. — Any person who hunts on the lands 
of another without first having obtained from 
the owner or agent thereof a written permis- 
sion to do so, shall be guilty of a misdemeanor, 
and, on conviction, shall be fined not less than 
ten nor more than twenty-five dollars. 

6972. CORPORATION, SERVICE OF WAR- 
RANT OF ARREST UPON.— In cases of viola- 
tion of the game laws of Alabama by a corpo- 
ration, the warrant of arrest may be read to 
the president, secretary or manager in this State 
or to any general or local agent thereof in any 
county where the action or indictment is pend- 
ing, and upon the return of such warrant so 
served, the corporation shall be deemed in court 



21 



aud subject to the jurisdiction thereof, and any 
fine imposed may be collected by execution 
against the property of said corpora- 
tion, but this section shall not be considered to 
exempt an agent or employe from prosecution. 

6973. OFFICER FAILING TO PERFORM 
DUTY. — Any official, officer, or warden who 
shall fail to perform any act, duty, or obliga- 
tion enjoined upon him by the provisions of the 
game laws of this State, shall be guilty of a 
misdemeanor, and, on conviction, shall be pun- 
ished by a fine of not less than fifty nor more 
than one hundred dollars. 

6974. REPORT OF PROSECUTIONS TO 
STATE COMMISSIONER.— Every court or 
clerk of any court before whom any prosecu- 
tion under this chapter is commenced or shall 
go on appeal, and within twenty days after trial 
or dismissal thereof, shall report in writing the 
result thereof and the amount of fine col- 
lected, if any, and the disposition thereof to the 
State Game and Fish Commissioner. 

6975. PLEADING AND PRACTICE, RULES 
OF UNDER THIS CHAPTER.— Two or more 
offenses may be charged in the same affidavit, 
complaint, or indictment, and proof as to a 
part of a game bird or animal shall be suffi- 
cient to sustain a charge to the whole of it ; 
and the violation as to the number of animals 
or birds of the same kind may be charged in 
the same count and punished as a separate of- 
fense as to each animal, bird, or game. 

6976. COSTS OF PROSECUTION, HOW 
TAXED. — When an arrest for a violation of 
the game law is made by the State Game and 
Fish Commissioner or by any warden, and the 
defendant is convicted, there shall be taxed as 
costs in favor of such warden making the ar- 
rest the same fee as a constable is entitled to 
in misdemeanor cases, and if collected from the 



22 



/ 



defendant, shall be paid over to such warden 
and shall be his personal perquisite. No fee 
shall be allowed in cases of acquittal. 

6977. FINES, PENALTIES, AND FORFEI- 
TURES, DISPOSITION OF.— All moneys col- 
lected from fines, penalties, or forfeitures under 
this chapter shall belong to the game and fish i 
protection fund, with the exception of that part 
which, under this chapter, belongs to the war- 
dens, and shall be paid over by the officer au- 
thorized to collect said money to the State treas- 
urer on or before the first day of each month, 
and shall be credited by him to the game and 
fish protection fund. The State treasurer shall 
report on the first day of each month to the 
State Game and Fish Commissioner the exact 
amount of money to the credit of the game and 
fish protection fund. 

6978. FINES TO BE PAID IN CURRENCY. 

— All fines imposed under the provisions of this 
chapter shall be paid in lawful money, that is 
to say, in currency of the United States of 
America. 

6979. JUDGES' SPECIAL CHARGES AS 
TO GAME LAWS.— The circuit judges and the 
judges of concurrent jurisdiction shall give the 
grand juries when organized the provisions of 
the game and fish laws strictly in charge and 
shall urge strict inquiry into infractions there- 
of. 

6980. TERMS DEFINED.— As used in the 
game laws of this State, unless otherwise spe- 
cially restricted or enlarged, the words, "here- 
in" and "hereof" refer to the whole of the game 
laws of this Code, and the words "person" 
"owner," "proprietor," "grantee," "lessee," or 
"licensee" include a firm, association, corpora- 
tion, or municipality, and the word "warden" 
means State Game and Fish Commissioner, 
county gaihe warden, and deputy game warden, 



23 



provided for in the game laws. The word "of- 
ficers" includes every person authorized to en- 
force the provisions of the game laws, and when- 
ever the possession, use, importation, transpor- 
tation, storage, sale, offering, or exposing for 
sale of game birds is prohibited or restricted, 
the prohibition or restrictions shall extend to 
and include every part of such game, and a vio- 
lation as to each animal or bird or part thereof 
^hall be a separate offense. 

6981. EXTENT AND CONSTRUCTION OF 
■jAME laws. — The provisions of the game 
aws shall not apply to persons hunting any of 
^he birds or animals of this State which are 
lot protected by the provisions of such laws. 

6982. LOCAL OR SPECIAL LAWS RE- 
PEALED. — All laws and parts of laws, general, 
pecial, or local, in conflict with the provisions 
»f this Code as to the game and fish laws, are 
epealed. 



24 



CHAPTER 219 

CRIMINAL CODE 1907 P. 543. 



Section. 

6898. Obstruction and preventing fish from 
running up rivers or creeks. 

6899. Poisoning streams, or using explosive 
substance, to catch fish. 

6900. Ownership and title of fish in the 

STATE. 

6901. Seines, nets, traps, or other devices; 
for catching fish prohibited. \ 

6902. Exceptions to preceding sections. ■ 

6903. Fines and forfeitures, converted into 
game and fish protection fund. 

6904. Fishing, taking or killing fish in 
pools, lakes, or other boides of water 
wholly upon lands of another/ pen- 

ALri^ FOR. 

6905. Fines, forfeitures, and penalties, dis- 
tribution OF. 

6898. OBSTRUCTION AND PREVENTING 
FISH FROM RUNNING UP RIVERS 0R| 
CREEKS. — Any person who, by means of dams, 
traps, or other obstructions, prevents the pas- 
sage of fish up the waters of any river or creek 
in this State, must, on conviction, be fined not 
more than one hundred dollars. 



25 



6899. POISONING STREAM, OR USING 
EXPLOSIVE SUBSTANCE, TO CATCH FISH. 

—Any person who takes, catches, kills, or at- 
tempts to take, catch, or kill fish in any waters 
of the State, by poisoning the stream or body 
of water in which they are found, or by the use 
Df any poisonous substance put in the water, or 
by the use of fish berries, lime, giant powder, 
dynamite, gunpowder, or any other explosive 
3ubstance, must, on conviction, be fined not less 
•;han ten nor more than one hundred dollars, to 
)e paid into the State treasury to the credit of 
:he game and fish protection fund. 

6900. OWNERSHIP AND TITLE OF FISH 
IN THE STATE. — The ownership and title to 
ill fish in the State of Alabama not held by 
private ownership legally acquired is in the 
itate of Alabama for the purpose of regulating 
ind controlling the use and disposition of them 
ifter catching, taking, or killing, as provided for 
u this Code. 

6901. SEINE, NETS, TRAPS, OR OTHER 
DEVICES FOR CATCHING FISH PROHIBIT- 
SD. — Any person who shall take, catch, or kill 
my fish in any of the waters of this State by 
ueans of any seine, trammel-net, gillnet, fish- 
:rap, or any other device or trap, or by any 
ueans other than by ordinary hook and line, 
;ig, spear, or trotline. except as provided in the 
lext succeeding section, shall be guilty of mis- 
iemeanor, and ,on conviction, shall be fined not 
ess than fifty nor more than two hundred dol- 
ars. 

6902. EXCEPTIONS TO PRECEDING SEC- 
TION. — The preceding section shall not apply to 
)onds and reservoirs wholly on the premises 
)f any person using such device; nor to the 
;alt waters of the State; nor to any waters in 
he State in which the tide ebbs and flows: 
lor to small seines not more than twelve feet 



2(5 



in length and four feet in width, known as min 
now seine for catching minnows to be used foi 
bait only. 

6903. FINES AND FORFEITURES CON 
VERTED INTO GAME AND FISH PROTEC- 
TION FUND. — All money arising under the pro- 
visions of the three preceding sections from 
fines, forfeitures, etc., shall be forwarded to the 
State treasurer on the first day of each month 
and covered into the game and fish protection 
fund. 

6904. FISHING, TAKING OR KILLINGS 
FISH IN POOLS, LAKES, OR OTHER BOD-I 
lES OF WATER WHOLLY UPON LANDS OFi 
ANOTHER; PENALTY FOR.— Any one whd 
shall take, catch, or kill, or in any way aid in 
the taking, catching, or killing of any fish in| 
any pond, pool, lake, or other reservoir, or body 
of w^ater wholly on the premises of another per-! 
son, or go or be upon or trespass on the lands: 
adjacent to such pond, pool, lake, or body ofi 
water for the purpose of catching or taking fisl^ 
therefrom in any manner, or by any means 
whatever, without a written permit from the 
owner of such premises, or body of water (suchJ 
permit when given to remain in force and effect- 
ive for twenty-four hours, and no longer, unless '^ 
otherwise specified in the permit itself, in whicn 
event the time, and also the terms of such 
permit to govern absolutely, unless revoked in 
writing by the party issuing the same and served 
in person on the party or parties so affected) 
shall be guilty of a misdemeanor, and, on con- 
viction, may be fined not more than fifty dollars, 
but if the conviction be for seining, shooting or 
dynamiting for fish, the fine shall not be for less 
than twenty-five dollars, to be paid in lawful 
money of the United States, and the defendant 
may also be sentenced to hard labor for the 
county for not more than ninety days, at the 
discretion of the court. 



6905. FINES, AND PENALTIES, DISTRI- 
BUTION OF. — Each county game and fish war- 
den shall receive one-half of all fines, forfei- 
tures, and penalties collected in his county 
under this chapter. Such moneys shall be so 
paid by the courts collecting the same, and the 
remainder shall be forwarded to the State treas- 
urer and covered into the game and fish pro- 
tection fund. 



NEW FISH LAWS. 

No changes were made in the Game Law, but 
two bills were passed at the Special Session of 
the Legislature (1909), relating to the protection 
of fish. 

No. 117.) AN ACT (S. 40. 

For the further protection of fish. To make it 
unlawful to use nets, seines, or other de- 
vices, or substitutes for the same in 
streams or bodies of water emptying into 
the tide waters of this State for the pur- 
pose of catching or taking bass, fresh water 
trout or bream between April 1st and July 
1st of each year. To legalize the use of 
hoop-nets and fish traps in certain waters 
of this State. 

Section 1. Be it enacted by the Legislature 
of Alabama, That it shall be unlawful for any 
person to use any net or seine or other device 
or substitute for the same for the purpose of 
catching or attempting to take or catch, in any 
of the tide waters of this State any bass, fresh 
water trout or bream, between April 1st and 
July 1st of each year. Any person violating 



28 



the provisions of this section shall be guilty of 
a misdemeanor and upon conviction shall be 
fined not less than .$25 nor more than $50 for 
each offense. 

Section 2, That it is hereby made lawful 
for any person or persons to use hoop-nets in 
which bait is used to attract fish, and fish traps 
with fingers or slats, not less than two and one 
half inches apart, without any other devise un- 
der, around and above the fingers, for the pur- 
pose of taking or catching fish in the streams of 
this State; provided, that said fish-trap, and 
wings of said trap, so used shall not occupy 
more than one-half the width of the stream in 
which it is operated or located, when the said 
stream is at low water mark, provided that no 
hoop-net or trap shall be set or located within 
one-half mile below any dam or lock. Any per- 
son operating a fish-trap, except as prescribed 
in this section, or who takes or catches any 
bass, fresh water trout or bream in any hoop- 
net or upon any fish trap unless the same be 
immediately restored to the waters from whence 
taken, shall be guilty of a misdemeanor and 
upon conviction shall be fined not less than $10 
nor more than $25 for each offense. 

Section 3. That it shall be lawful for any 
person to use seines or other devices for the 
purpose of taking or catching fish in pools form- 
ed by streams that have ceased to run. 

Section 4. That all fines and forfeitures 
arising under the provisions of this act shall 
be disbursed as provided by section 6905 of the 
Code of Alabama, 1907. 



29 
No. 192.) AN ACT (H. 325. 

To provide for the further protection of fish in 
Baldwin county, to prevent the taking or 
catching of fish in any lake, river, creek 
or bayou in said county, except with hook 
and line; and to provide a penalty for the 
same; to make it unlawful for any non- 
resident engaged in the business of com- 
mercial fishing to take fish in Baldwin 
county. 

Section 1. Be it enacted by the Legislature 
of Alabama, That it shall be unlawful for any 
person to use any net, seines or substitutes for 
the same except cast-net for the purpose of 
catching or attempting to catch or take fish 
in any of the rivers, lakes, creeks or bayous of 
of Baldwin county emptying into salt or tide 
waters. That fish can only be taken in waters 
emptying into salt or tide water in said county, 
by means of ordinary hook and line, trot-line, 
spear, cast-net, or gig, provided that it shall be 
• lawful for any person or persons to use hoop- 
nets in which bait is used to attract fish in 
the navigable rivers of said county, upon which 
passenger and freight steam packets regularly 
ply; and provided further that it shall be law- 
ful to take fish from pools or running streams 
of said county during those periods of the 
year when such streams cease to run. Any 
person violating the provisions of this section 
shall be guilty of a misdemeanor and upon con- 
viction shall be punished by a fine of not less 
than twenty-five dollars nor more than fifty 
dollars for each offense. 

Section 2. That it shall be unlawful for any 
person to use in the salt or tide waters of said 
county any seines or net having a mesh of less 
than two inches when stretched; provided that 
this shall not apply to persons using cast nets 



30 



or nets used for the purpose of catching or tak- 
ing shrimp or crabs. Any person who violates 
the provisions of this section shall be guilty of a 
misdemeanor and upon conviction thereof shall 
be punished- by a fine of not less than twenty- 
five dollars nor more than one hundred dollars 
for each offense. 

Section 3. That the provisions of this act shall 
not apply to that territory lying and being in 
Baldwin county, which lies south of the north- 
ern boundary line of township 8 south, and west 
of the western boundary line of range 5 east, 
nor to Weeks bay, and provided further that 
that portion of streams emptying into Weeks 
bay, one mile from the mouth thereof, is exempt- 
ed from the provisions of this act, in said coun- 
ty ; provided further that nothing in this act 
shall be construed to prevent the taking of stur- 
geon, by any means now commonly employed in 
the salt or tide waters of said county. 

Section 4. That it shall be unlawful for any 
persons, engaged in the business of commercial 
fishing or of catching fish for commercial pur- 
poses, who have not been bonafide residents of 
this State for one year past to catch or take 
fish or attempt to catch or take fish in any of 
the waters of Baldwin county. Any person vio- 
lating the provisions of this section shall be 
guilty of a misdemeanor and upon conviction 
thereof shall be punished by a fine of not less 
than one hundred dollars nor more than five 
hundred dollars for each offense. Provided, 
however, that the provisions of this section shall 
not apply to actual bona fide residents living on 
the east side of Perdido bay in the State of 
Florida. 

Section 5. That all fines, forfeitures, penal- 
ties, etc., arising under the provisions of this act 
shall be paid into the Game and Fish Protection 



'61 



Fund as now provided by law and all persons 
convicted under the provisions of tliis act must 
pay the fine imposed in cash, that is to say in 
the currency of the United States of America. 

Section C. That this act shall become effect- 
ive on and after its passage and approved by 
the governor. 



Approved August 31, 1909. 



3 



^niwn^iiUma%{ 



MON-TQOMERY.ALA 



LIBRARY OF CONGRESS 



002 908 801 9 ^ 



